Florida Probate Lawsuit — 5 ways to go on the offense
Is your Florida Probate Lawsuit stuck in the mud? Maybe you are sick of sports analogies. But, consider these 5 ways to go on the “offense” for your estate case. But, you need to be ready for a probate trial. If you are not ready for a trial, maybe you should consider a “Plan B.” There is a small group of excellent trial attorneys who limit their practice. They have explained HOW THEY APPROACH A PROBATE CASE. And it’s OK that this group of Experienced Trial + Appellate Attorneys is not for everyone. You need to find the right fit.
Knowledge is Power: Understanding Your Probate Case
First, consider your Florida Probate Lawsuit as a whole, the facts and the law. “I can’t tell you how many times I get a call from prospective clients who want to change attorneys” says Probate Litigator John Pankauski. He advises taking a step back and getting a “30,000 foot” view. There’s two things that those new or potential clients always talk about. “First, they want to go on the offense and get aggressive. Second, they don’t know exactly how much they are fighting over.” How much are your damages? How strong is your case? How weak is your opponent’s? These are all basic questions you need hard and fast answers for. If you don’t have them, maybe you don’t understand your probate case. If you are filing a WILL CONTEST, what is the basis to attack the will? A complete and thorough analysis is necessary. “It doesn’t make sense to pay me thousands and thousands of dollars to fight over a $500 lamp” says Pankauski. Then, you can create a Florida Probate Trial Strategy to try to get to victory. But, remember, there are no guarantees. And even the best Probate Litigators don’t have a crystal ball.
Dealing with the Emotions: Creating Momentum, Building Leverage
Second, can you sincerely handle a Florida Probate Lawsuit? Be reflective and sincere with yourself. You need to deal with the stress of litigation and the emotions. And the cost! After all, experienced trial attorneys are expensive. And Probate Lawsuits are time intensive. If you can’t handle the stress or the cost, maybe litigation is not for you. Third, think of what you need to help your case. A damage expert? A ruling from the Probate Judge on a straightforward legal issue? Punitive damages? Consider ways to get “little victories” along the way to trial. “That often creates momentum, and builds leverage” says Pankauski. Fourth, who’s in charge? Pankauski advises reflecting on the tempo of your Probate Lawsuit. Fast or slow? Dragging or focused & furious? Are you reacting to everything the other lawyer does? Or, do you feel like a punching bag? “Many prospective clients who call me feel that they have been disrespected, even ‘beat up‘” says Pankauski, who turns down about 90% of the new clients who call trying to hire him. “Our firm is not a large firm. We are a boutique of very talented and passionate lawyers” says Pankauski.
Probate Lawsuit Trial
Are you ready? You need to be prepared for trial. Tell your probate litigator to file a Notice for Trial. You will ask the Judge for the number of days that you want, whether it’s a judge trial or a jury trial. As long as the matter is “at issue”, Judges are supposed to schedule you for trial. And there is no better way to tell your opponent that you are “aggressive” and serious than by telling them you want your day in court. In the end, you and your lawyers should be on the same page. Work closely and develop a Probate Litigation Strategy. Communicate. Work together. “If you are not on the same page, that’s not good” reminds Pankauski. But be sincere with yourself. Probate Trials are not for everyone. No matter how tough you talk. If you are serious about wanting your day in court, find a Florida Probate Litigator who has an approach that you like. But watch out for these probate lawyers who say they handle trials but really don’t. Many go to court, but ask them how many trials they had last year alone. See what they say. Maybe you don’t need an experienced lawyer with lots of trial experience to go on the offense. Ready for your day in court? If you want to read about the Florida Rules of Civil Procedure, CLICK HERE.